Direct Damages Cap definition

Direct Damages Cap means the Maximum Contract Amount.
Sample 1Sample 2Sample 3
Direct Damages Cap has the meaning given in Section 11.2(a).
Sample 1Sample 2
Direct Damages Cap has the meaning set forth in Section 18.1(b) of the Master Agreement.
Sample 1Sample 2

Examples of Direct Damages Cap in a sentence

  • CCH’s aggregate liability under this Services Agreement will be limited to Vendor’s actual provable Direct Damages, not to exceed the Direct Damages Cap less all amounts CCH has paid to Vendor for Vendor’s furnishing of Services and Deliverables pursuant to this Services Agreement.

  • Xxxxxxx shall have the right, but not the obligation, to terminate the Agreement, any SOW(s) or any Work Order(s) immediately in the event that Provider incurs damages of any type (including consequential and indirect damages) to Xxxxxxx in excess of 65% of the Provider Direct Damages Cap and Provider does not agree to reset to zero the Direct Damages counted toward the Provider Direct Damages Cap upon written request from Xxxxxxx to reset the Provider Direct Damages Cap.

  • In the event of a termination by Certegy pursuant to Sections 12.1(a) for cause or (b) for persistent breaches or (e) for Bankruptcy or (f) for exceeding the IBM Direct Damages Cap or Section 3.3 for failing to provide disaster recovery services, Certegy shall not be responsible for the payment of the applicable Termination Charge or Wind-Down Expenses.

  • The ISSC Direct Damages Cap and the CHMS Direct Damages Cap are herein collectively called the "Direct Damages Caps".

  • However, in the event of a termination by Flagstar pursuant to Sections 10.3(a) Cause or (b) Persistent Failure or (e) Bankruptcy or (f) Per Event ISSC Direct Damages Cap and notwithstanding any other provision of this Agreement except Section 10.5(c), Flagstar shall only be responsible for the payment obligations described in Section 10.5(a)(i) above, but not for the amounts set forth in Sections 10.5(a)(ii) and (iii) above.

  • Subject to the direction and control of the board of directors, the president shall be the chief -10- 12 executive officer of the Corporation and, as such shall have general and active management of the business of the Corporation and shall see that all orders and resolutions of the board of directors are carried into effect.

  • In the instance of a termination by Flagstar pursuant to Section 10.3(f) Per Event ISSC Direct Damages Cap, Flagstar may only recover the damages from ISSC for the defaults and breaches by ISSC giving rise to the termination up to the full amount of the twenty-four (24) months of charges to Flagstar by ISSC for the Services as described and listed in Section 11.1(a), except as set forth in Section 10.5(c).

  • In the event a Party is liable under the Service Agreement for damages in excess of the Direct Damages Cap, the other Party reserves the right to demand the higher amount or may terminate the MSA and all Service Agreements upon immediate notice to the liable Party notwithstanding the cure period set forth in a Service Agreement.

  • The ISSC Direct Damages Cap and the Flagstar Direct Damages Cap are herein collectively called the "Direct Damages Caps".

  • For avoidance of doubt, under no circumstances shall either Party incur or be liable to the other Party with respect to any obligation or breach under this Services Agreement for any damages in excess of the total of the Direct Damages Cap, the Indemnification Damages Cap and the Confidentiality Damages Cap, as each applies to their particular obligations or breaches under this Services Agreement.


More Definitions of Direct Damages Cap

Direct Damages Cap shall have the meaning set forth in Section 30.01.
Sample 1
Direct Damages Cap means $[**].
Sample 1
Direct Damages Cap shall have the meaning set forth in SECTION 30.01.
Sample 1
Direct Damages Cap shall have the meaning set forth in Section 20.1.2.
Sample 1

Related to Direct Damages Cap

  • Direct Damage has the meaning given to it in clause 26.2;

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Noneconomic damages ’ means damages for phys-

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Indirect Losses means loss of profits, loss of production, loss of business, loss of business opportunity, or any claim for consequential loss or for indirect loss of any nature;

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Direct Losses means all damages, losses, liabilities, penalties, fines, assessments, claims, actions, costs, expenses (including the cost of legal or professional services, legal costs being on a substantial indemnity basis), proceedings, demands and charges whether arising under statute, contract or at common law, except Indirect Losses.

  • Compensable injury means an injury by accident arising out of and in the course of hazardous employment which must be established by medical evidence supported by objective medical findings.

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Liability Cap has the meaning ascribed to it in paragraph 1 of Schedule 9;

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Limit of Liability means, with respect to any Insuring Agreement, the limit of liability of the Underwriter for any Single Loss covered by such Insuring Agreement as set forth under the heading “Limit of Liability” in Item 3 of the Declarations or in any Rider for such Insuring Agreement.

  • Indemnification Cap has the meaning set forth in Section 9.4(a).